Will my Insurance End if I Get Divorced?

Couples deal with a lot of stuff in divorce. They deal with kids and alimony and child support and the house and the cars and the retirement accounts and on and on and on.

One thing that people sometimes overlook in Utah divorces is insurance. Specifically, whether their insurance will end and they won’t be covered when the divorce is finalized.

The sad reality is insurance will end. So, if you are on your spouse’s insurance and you divorce, you will no longer be insured.

Conversely, if your spouse is on your insurance and you divorce, your now ex-spouse’s insurance will end.

Even if you have a clause in your Divorce Decree stating insurance will continue, insurance will end. Insurance companies are not bound by what you put in the Decree, and they drop es-spouses like a hot rock the day divorces are finalized.

Kids and Insurance

This rule does not apply to children. Their insurance coverage will continue because you and your ex still have legal full legal obligations to them.

Workarounds

Just because insurance coverage is one of those bright-line rules in Utah divorce doesn’t mean there are some possible workarounds.

The most common workaround is alimony. If you have to provide your own insurance, that will be a monthly cost included in your alimony calculation. So, if you have to pay $300 per month for your personal insurance, you add that to your monthly expenses when calculating alimony.

Another possibility is negotiating something that obligates your ex to maintain a separate insurance policy for you. Really, this is alimony with another name, so we usually just do alimony. (And, besides, who wants their ex in charge of their health insurance?)

A last, worst possibility is Medicaid. Sometimes, this option is inevitable. When you divorce and there simply isn’t enough money to go around, Medicaid becomes a viable option.

Alimony is designed specifically to avoid situations like this, however. This means you should do everything possible to provide for health insurance in any alimony settlement.

Call Brown Family Law

If you find yourself facing a divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.

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I worked with Nicholas Schwarz during my divorce and mediation, and I couldn’t be more satisfied with the outcome. My biggest concern was making sure my financial needs were still covered while paying alimony, and Nicholas was consistently clear, responsive, and genuinely protective of my interests. With his guidance, I reached a fair settlement that allowed me not just to get by, but to actually live my life. Divorce is always stressful, but he worked hard for me and took a lot of that stress off my shoulders. I would recommend him without hesitation and would hire him again.
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Clay Randle helped our family more than he will ever know. My daughter was in a bad situation and through his help and Brown Family Law she was able to get her divorce done and finalized in what seemed to me an amazingly short time. Clay will look out for your best interests and defend your rights. He is amazing and I highly recommend him. His tenacity and attention to detail helped us through this difficult time.Thanks Clay!
Daniel and Carren were amazing throughout my entire time with them. It was such a relief having Daniel as my attorney, he was thorough, explained everything so I understood it, he worked hard with me and spoke with me in a regular basis to keep me in the loop with everything happening in my case. He fought for me. It meant the world to my boys and I and we can continue our lives and move forward. Thank you Daniel. Carren was so amazing to send me follow up, keep me up to date on anything that changed with my case. Any time there were changes she was so on top of it! I’m so glad I could count on these guys, truly. Thank you guys from the bottom of my heart.
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